Have you been charged with domestic battery in Kansas?

An argument broke out. Things were heated. Now you find yourself arrested and facing a criminal case in the state of Kansas. Your first assumption may be I kept my cool I didn't hit anyone; I can't get in trouble if I didn't hurt anyone. Think again. In Kansas, you don't have to hurt someone to be charged with Domestic Battery. If you intentionally of recklessly cause bodily harm to a family or household member or intentionally cause physical contact with a family or household member in a rude, insulting, or angry manner, you can be found guilty of domestic battery.

If you have been charged with domestic battery you are probably scared, confused, and have many questions. You have a lot at stake. Your freedom, money, family, criminal record, and job may be on the line. Don't shoulder this burden alone. You need the advice and assistance of an experienced criminal defense lawyer. The attorneys at Copley Roth and Davies LLC are committed to preserving your rights. We offer the type of personal attention and aggressive legal representation necessary in order to obtain the best outcome possible for our clients. At Copley Roth and Davies LLC our attorneys take the time to get to know our client's goals with any given case. We take the time to investigate and evaluate the evidence in your case and give you honest and accurate legal advice. Our attorneys will give you the information that you need so that you can make a careful and informed decision about how to proceed with your case.

If you or someone you love have been charged with Domestic Battery, call (913) 732-3014 for a free consultation.

What is the Kansas Law on Domestic Battery?

(1) Intentionally or recklessly causing bodily harm by a family or household member against a family or household member; or

(2) intentionally causing physical contact with a family or household member by a family or household member when done in a rude, insulting or angry manner.

(b) (1) Upon a first conviction of a violation of domestic battery, a person shall be guilty of a class B person misdemeanor and sentenced to not less than 48 consecutive hours nor more than six months' imprisonment and fined not less than $200, nor more than $500 or in the court's discretion the court may enter an order which requires the person enroll in and successfully complete a domestic violence prevention program.

(2) If, within five years immediately preceding commission of the crime, a person is convicted of a violation of domestic battery a second time, such person shall be guilty of a class A person misdemeanor and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $500 nor more than $1,000. The five days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program. The person convicted must serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released. As a condition of any grant of probation, suspension of sentence or parole or of any other release, the person shall be required to enter into and complete a treatment program for domestic violence prevention.

(3) If, within five years immediately preceding commission of the crime, a person is convicted of a violation of domestic battery a third or subsequent time, such person shall be guilty of a person felony and sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,000 nor more than $7,500. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' imprisonment. The court shall require as a condition of parole that such person enter into and complete a treatment program for domestic violence. If the person does not enter into and complete a treatment program for domestic violence, the person shall serve not less than 180 days nor more than one year's imprisonment. The 90 days' imprisonment mandated by this subsection may be served in a work release program only after such person has served 48 consecutive hours' imprisonment, provided such work release program requires such person to return to confinement at the end of each day in the work release program.

(c) As used in this section:

(1) Family or household member means persons 18 years of age or older who are spouses, former spouses, parents or stepparents and children or stepchildren, and persons who are presently residing together or who have resided together in the past, and persons who have a child in common regardless of whether they have been married or who have lived together at any time. Family or household member also includes a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and

(2) for the purpose of determining whether a conviction is a first, second, third or subsequent conviction in sentencing under this section:

(A) "Conviction" includes being convicted of a violation of this section or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;
(B) "conviction" includes being convicted of a violation of a law of another state, or an ordinance of any city, or resolution of any county, which prohibits the acts that this section prohibits or entering into a diversion or deferred judgment agreement in lieu of further criminal proceedings in a case alleging a violation of such law, ordinance or resolution;
(C) only convictions occurring in the immediately preceding five years including prior to the effective date of this act shall be taken into account, but the court may consider other prior convictions in determining the sentence to be imposed within the limits provided for a first, second, third or subsequent offender, whichever is applicable; and
(D) it is irrelevant whether an offense occurred before or after conviction for a previous offense.
(E) A person may enter into a diversion agreement in lieu of further criminal proceedings for a violation of this section or an ordinance of any city or resolution of any county which prohibits the acts that this section prohibits only twice during any three-year period. >

What kind of punishment am I facing?

This can be the most difficult question. It largely depends on your criminal record. In Kansas crimes are categorizes by their severity level between felony charges and misdemeanor charges. Felonies are more severe than misdemeanors. Both Felonies and Misdemeanors are then broken down further. Felonies are ranked in severity levels from 1 to 10, one being the more serious and ten being the less serious. Misdemeanors are put into three classes, A, B, and C. A class B misdemeanor like Domestic Battery (first conviction) is punishable by a sentence in the county jail of up to six months. Further, the statute has also put a required amount of time one must be sentenced to of 48 consecutive hours.

The potential sentence is anywhere from 2 days to 6 months in the county jail for a first time conviction.

If you have multiple convictions then the punishment steps up and the severity level steps up. For example, if you have been convicted of a first time Domestic Battery and then within 5 years you pick up another charge for Domestic Battery then you can be charged as "Domestic Battery with one prior". If this is the case then you are looking at a Class A Misdemeanor and up to 1 year in the county jail. The statute also requires that you be sentenced to at least 90 days in county jail with at least 5 of those days being mandatory jail time.

The potential sentence is anywhere from 90 days to 12 months in the county jail for a second conviction.

If a person is convicted of a Third offense in any five year period then that person will be convicted of a person felony. If this is your scenario then you are looking at a very serious matter with all types of ancillary legal ramifications aside from going to jail as well as mandatory jail time of at least 90 days.

The potential sentence is anywhere from 90 days to 12 months in the county jail for a third conviction.

How much trouble am I really in?

Regardless of if this is a first time conviction or a subsequent conviction this is very serious matter. Domestic battery can carry some lengthy jail times as well as some ancillary negative consequences. A person that is accused of Domestic Battery needs to understand that court is not where the final trouble ends. If a defendant gets a conviction for Domestic Battery then they will have a criminal record. That criminal record will have to be disclosed on job applications, school application, professional license applications, et cetra. The conviction will follow you around and you will have to explain the criminal charge many times in your life. It will also be used against you to build your criminal history score if you get in any more trouble in the future.You need to speak with an experienced criminal defense attorney that can advise you on your particular circumstances.

I didn't hurt anyone, am I still in trouble?

In Kansas, the law doesn't require that anyone be "hurt." Most people think that to be convicted of Domestic Battery a person has to hit someone, give them a blood nose or a black eye. That simply isn't the case. There does not have to be any physical manifestation of injury. A simple touch if done in a rude, angry or insulting manner is all that the law requires. In "no injury cases" the difference between a conviction and an aquittal is often largely influenced by the explanation of the accused person's trial counsel.

The victim wants the charges dropped; Do I still need a lawyer?

This scenario plays out nearly everyday. Someone calls the police and alleges a domestic battery occurred. The police investigate and arrest someone. Then the alleged victim doesn't want the charges to be pursued by the District Attorney. The victim has to realize that they don't get to choose if charges are pursued or not. That authority is vested solely in the District Attorney's office. The District Attorney makes that decision, not the alleged victim. The District Attorney's office generally pursues domestic battery charges as a matter of course without regard to the alleged victim's wishes. The idea behind pursuing charges is to deter further conduct, the District Attorney's office will generally pursue the charges so that the same individuals are not later returning with like offenses or more serious offenses because the "got away with it the first time."

What is protection from abuse/stalking?

If you find yourself charged with domestic battery you may soon find yourself summons to court on another matter. Many times after a domestic abuse case is filed the "victim" of the case will soon after file for a "restraining order" or protection order. Your spouse, girlfriend, boyfriend, et cetra. is now trying to get a civil court order against you to keep you from being around them. This will cause some real problems for most people as they may live with this person or have children with this person. Our firm has experience helping clients with these matters as well.

What is a Domestic Violence Assessment?

A domestic violence assessment is going to be required anytime that a person gets a domestic violence tagged case in Johnson County District Court if the person is doing a diversion, a plea or is found guilty. A domestic violence assessment can be required as a condition of bond in other courts. The assessment is conducted by a counselor and that counselor must be approved by the court. During the assessment the counselor will determine a persons propensity to commit domestic violence and will assign the participant classes to address there actions if necessary.

What is a Batterer's Intervention?

After a person takes a domestic violence assessment they will often be required to complete a batterer's intervention class. A batterer's intervention class is designed to help a person recognize behaviors that lead to domestic violence and help a person cope with high risk behaviors. Many times completion of a class will be a requirement of a defendant's probation or diversion.